I have a client who is having £20 per week deducted from her SSP to recover an earlier overpayment of wages. My question is can her employer lawfully do this?

Hi generally can only do so if there is a written agreemnt allowing the deductions otherwise is an unlawful deduction of salary think of a loan you sign to agree it can be deducted by your employer:

Where an employer has overpaid an employee, the employer may want to recover the overpayment by making deductions from the worker's wages. In these circumstances, the employee would not be protected from an unlawful deduction from her/his wages under the Employment Rights Act 1996 (in N. Ireland, Employment Rights Order). This is because the Act gives employers the right to make deductions without prior agreement in certain circumstances, including when an overpayment has been made. However, if the employer makes deduction(s) without the employee's agreement, the employer will be in breach of contract. This is because s/he will not have paid the agreed wage for the relevant period.

good luck

Thanks for your prompt response. I will double check with my client but I don't think she 'agreed' to the deductions either verbally or in writing. However, what I am wondering is whether SSP is treated in the same way as normal wages, given that it is effectively a sickness benefit- which can be paid by HMRC in cases where the employer defaults?

I did not think of it like that i think your right it is not income paid by the employer as it is repaid by the IR i do not think for example there would be a case for reducing tax credits, as used to be paid through employer, for an overpayment that might be your argument they have no right to deduct that from your client and again good luck

I have a similar case and i contacted the inland Revenue tax line for employers and was told deductions from SSP are unlawful unless they are for tax, NI purposes or a student loan etc. Any unauthorised deductions by the employer from tax credits is also unlawful. The IR number is 08457 143 143.
Hope this is helpful.